Bombay High Court rejects plea for daily hearings on Maratha reservation applications

The Bombay High Court has rejected a request for daily hearings on applications regarding the 10% quota for Marathas in the state's education and services. According to a report by The Hindu, the court took this decision on 5 November. The case is registered as PIL 30 of 2024, Bhausaheb Bhujangrao Pawar vs State of Maharashtra. The court clarified that the next hearing in this matter will take place on 27 November.

The order was passed by a bench comprising Justice Makarand Karnik, Justice Nizamuddin Jamadar, and Justice Sandeep Marne. The bench stated that they have considered the request and efforts are being made to prioritise this PIL and its related matters. The court added that considering the workload, sessions are being allocated for periodic hearings and these matters are being heard from time to time; therefore, the demand for daily hearings will not be accepted.

This bench, formed in September, has heard the matter four times since 18 September, 2024. The court is currently hearing the applicants, with arguments presented by Advocate Arvind Datar on behalf of the applicant challenging the quota.

Regarding the legal process for Maratha reservation, the Assembly passed this law on 20 February, 2024, and it was subsequently notified on 26 February, 2024. This law is based on the report of the commission headed by Justice Sunil Shukre. The report cited circumstances and situations as reasons for providing more than 50% reservation to Marathas.

Earlier, an application was filed in the Bombay High Court against the SEBC Act, 2018, formulated under the Devendra Fadnavis government. This law provided 16% reservation to Marathas in the state's employment and education. In June 2019, the High Court upheld this law but reduced it to 12% in education and 13% in state employment, stating there was insufficient support for the 16% quota. Patil and others challenged this verdict in the Supreme Court.

In May 2021, a Supreme Court bench struck down the SEBC Act, 2018. The court ruled that no circumstances were suitable to grant reservation exceeding the 50% limit prescribed by the 1992 Indra Sawhney judgment. Along with this, the Supreme Court also raised questions on the data presented in support of the backwardness of Marathas. A review petition was filed by the government, but the Supreme Court dismissed it in April 2023. Currently, an application for relief after the review is pending before the Supreme Court.

The hearing on this matter in the High Court will now proceed on 27 November.